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Week Ending May 4, 2006

H.R.1592 To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

Crimes of violence determined to be motivated by prejudice towards race, color, religion, national origin, gender, sexual orientation or disability are considered hate crimes under this bill that directs federal law enforcement efforts towards assisting with investigation of multi-state offenders and in rural areas where law enforcement is stretched or unable to investigate. Grants to state, local and tribal enforcement agencies are authorized to help with investigative expenses and training and to combat hate crimes committed by and against youth. Current law only includes race, color, religion or national origin in the hate crime category.

Grants would bring technical, forensic and prosecutorial assistance to law enforcement agencies if the crime is violent and was motivated by prejudice towards protected classes. Grants also cover ‘extraordinary’ expenses of such investigations and may be used to train local law enforcement in identifying, investigating, prosecuting and preventing hate crimes. Grants may not exceed $100,000 per jurisdiction per year.

The bill amends the criminal code to prohibit the willful causing of bodily harm due to prejudice and expands data collection and reporting to include crimes manifesting prejudice based on gender and gender identity and those crimes committed by or against juveniles. Specifically, such an offense is described as ‘whether or not acting under the color of law’ willfully causing bodily injury via firearm, fire, explosive devices or attempts towards a person who is or is perceived to be of a different race, religion and so on.

Convicted of a crime motivated by prejudice towards race, color, religion or national origin the perpetrator shall be imprisoned for not more than 10 years and fined. If death, kidnapping or attempting kidnapping, aggravated sexual abuse or an attempt or an attempt to kill is the outcome the perpetrator will face 5 years to life and a fine.

Convicted of committing a violent crime motivated by prejudice towards religion, national origin, gender, sexual orientation, gender identity or disability will face ten years and a fine. If death, kidnapping or aggravated sexual abuse or the attempts of such is the means, the perpetrator will face up to life imprisonment and fines.

States mostly have jurisdiction over such crimes but can appeal to the Justice Department if they do not have jurisdiction or do not intend to exercise jurisdiction, have requested federal jurisdiction, do not object to federal jurisdiction or if the verdict and sentence does not match or meet the federal interest in combating hate crimes.

Sponsor:  Rep. John Conyers, Jr. (D-MI-14^th)

Vote: Passed House 237 to 180 May 3, 2007 (RC 299). A motion to recommit with instructions failed 189 to 227 may 2, 2007 (RC 298)

Cost to the taxpayers: $5 million each year 2008 and 2009.

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

Congress makes the following findings:

(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.

(2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.

(3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.

(4) Existing Federal law is inadequate to address this problem.

(5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.

(6) Such violence substantially affects interstate commerce in many ways, including the following:

(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.

(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

(C) Perpetrators cross State lines to commit such violence.

(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

(E) Such violence is committed using articles that have traveled in interstate commerce.

(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct `races'. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.

(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

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